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[Federal Register Volume 79, Number 110 (Monday, June 9, 2014)]
[Rules and Regulations]
[Pages 32873-32876]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13220]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R01-OAR-2010-0460; A-1-FRL-9904-73-Region-1]

Approval and Promulgation of Air Quality Implementation Plans; 
Connecticut; Reasonably Available Control Technology Update To Address 
Control Techniques Guidelines Issued in 2006, 2007, and 2008

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving State 
Implementation Plan (SIP) revisions submitted by the State of 
Connecticut. The revisions establish Reasonably Available Control 
Technology (RACT) for several categories of volatile organic compound 
(VOC) air emission sources. The intended effect of this action is to 
approve these requirements into the Connecticut SIP. This action is 
being taken in accordance with the Clean Air Act (CAA).

DATES: This rule is effective on July 9, 2014.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-R01-OAR-2010-0460. All documents in the docket 
are listed on the www.regulations.gov Web site. Although listed in the 
index, some information is not publicly available, i.e., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either electronically through 
www.regulations.gov or in hard copy at the Office of Ecosystem 
Protection, U.S. Environmental Protection Agency, EPA New England 
Regional Office, Office of Ecosystem Protection, Air Quality Planning 
Unit, 5 Post Office Square--Suite 100, Boston, MA. EPA requests that if 
at all possible, you contact the contact listed in the FOR FURTHER 
INFORMATION CONTACT section to schedule your inspection. The Regional 
Office's official hours of business are Monday through Friday, 8:30 to 
4:30, excluding legal holidays.
    Copies of the documents relevant to this action are also available 
for public inspection during normal business hours, by appointment at 
the Bureau of Air Management, Department of Energy and Environmental 
Protection, State Office Building, 79 Elm Street, Hartford, CT 06106-
1630.

FOR FURTHER INFORMATION CONTACT: David Mackintosh, Air Quality Planning 
Unit, U.S. Environmental Protection Agency, New England Regional 
Office, 5 Post Office Square--Suite 100, (Mail Code OEP05-02), Boston, 
MA 02109-3912, telephone 617-918-1584, facsimile 617-918-0584, email 
mackintosh.david@epa.gov.

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,'' 
``us,'' or ``our'' is used, we mean EPA.
    Organization of this document: The following outline is provided to 
aid in locating information in this preamble.

I. Background and Purpose
II. Connecticut's Reasonably Available Control Technology Updates
III. Final Action
IV. Statutory and Executive Order Reviews

I. Background and Purpose

    On May 24, 2013 (78 FR 31459), EPA published a Notice of Proposed 
Rulemaking (NPR) for the State of Connecticut. In that action, EPA 
proposed approval of Connecticut's revisions to Section 22a-174-20 
``Control of Organic Compound Emissions'' and Connecticut's newly 
adopted Section 22a-174-40 ``Consumer Products'' and Section 22a-174-44 
``Adhesives and Sealants.'' These regulations address RACT for the VOC 
source categories covered by Control Technique Guidelines (CTGs) issued 
by EPA in 2006, 2007, and 2008 \1\ and include requirements to reduce 
VOC emissions from consumer products based on the 2006 Ozone Transport 
Commission (OTC) model rule. EPA also proposed approval of the negative 
declarations for the CTGs for which Connecticut determined no 
applicable sources exist in the State of Connecticut.
---------------------------------------------------------------------------

    \1\ EPA's CTGs are posted at http://www.epa.gov/airquality/ozonepollution/SIPToolkit/ctgs.html.
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II. Connecticut's Reasonably Available Control Technology Updates

    On February 1, 2008, Connecticut submitted its consumer products 
regulation to EPA as part of its 8-hour Ozone Attainment Demonstration 
SIP revision. Then, on November 18, 2008, Connecticut submitted its 
adhesives and sealants regulation as part of its Annual Fine 
Particulate Matter (PM2.5) Attainment Demonstration SIP 
revision. On April 29, 2010, Connecticut submitted a SIP revision that 
addressed eight CTGs: Flexible package printing; industrial cleaning 
solvents; large appliance coatings; metal furniture coatings; 
miscellaneous industrial adhesives; offset lithographic printing and 
letterpress printing; and paper, film and foil coatings. At that time, 
Connecticut also submitted negative declarations for three CTGs: 
Automobile and light-duty truck assembly coating; fiberglass boat 
manufacturing; and flat wood paneling coating. On November 21, 2012, 
Connecticut submitted a SIP revision that addressed the CTG for 
miscellaneous metal and plastic parts coatings. Lastly, in letters 
dated March 13, 2013 and April 3, 2013, Connecticut withdrew a number 
of provisions from

[[Page 32874]]

the April 29, 2010 and February 1, 2008 SIP submittals, respectively.
    EPA has reviewed Connecticut's new and revised VOC regulations and 
found that they are consistent with the relevant CTGs and OTC 
recommendations. In addition, Connecticut's process for determining the 
categories for which the state should make negative declarations was 
reasonable. Therefore, EPA concludes that Connecticut has met the CAA 
requirement to adopt RACT for all the 2006, 2007, and 2008 CTGs.

III. Final Action

    EPA is approving, and incorporating into the SIP, the following 
changes to Connecticut's Section 22a-174-20 ``Control of organic 
compound emissions'' as meeting RACT for the relevant CTG categories: 
Revised subsection (p) Metal furniture coatings; revised subsection (q) 
Paper, film, and foil coatings; revised subsection (s) Miscellaneous 
metal and plastic parts coatings; new subsection (ff) Flexible package 
printing; new subsection (gg) Offset lithographic printing and 
letterpress printing; new subsection (hh) Large appliance coatings; new 
subsection (ii) Industrial solvent cleaning; new subsection (jj) Spray 
application equipment cleaning; and new subsection (kk) Pleasure craft 
coatings.
    Additionally, EPA is approving, and incorporating into the SIP, 
Connecticut's new Section 22a-174-40 ``Consumer Products,'' consistent 
with the OTC's recommendations, and Connecticut's new Section 22a-174-
44 ``Adhesives and Sealants'' as meeting RACT.
    EPA is taking no action on the portions of sections 22a-174-
20(ff)(1)(K), (ff)(5)(B)(vi), (gg)(1)(O), (gg)(7)(B)(Vi), (hh)(1)(CC), 
(hh)(7)(B)(vi), (ii)(1)(I), (ii)(6)(B)(vi), (jj)(1)(H), (jj)(3)(D), and 
(jj)(6)(B)(vii) which Connecticut withdrew from its April 29, 2010 SIP 
submittal. Likewise, EPA is taking no action on the portions of 
Sections 22a-174-40(c)(4) through (7) and 22a-174-40(f)(2)(C) through 
(D), which Connecticut withdrew from its February 1, 2008 SIP 
submittal.
    EPA is also approving, and incorporating into the SIP, minor 
revisions to the following subsections of Connecticut's Section 22a-
174-20: (f)(9); (l)(1) and (2); (aa)(1); (cc)(2) and (3); and 
subsection (ee) Reasonably available control technology for large 
sources. EPA is also approving Connecticut's request to withdraw 
subsection (g) Architectural coatings of Section 22a-174-20 from the 
SIP. Lastly, EPA is approving Connecticut's negative declarations for 
three source categories: Flat wood paneling coating; fiberglass and 
boat manufacturing; and automobile and light-duty truck assembly 
coating. Connecticut has, therefore, met the CAA requirement to adopt 
RACT for all of the 2006, 2007, and 2008 CTGs.

IV. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Pub. L. 104-4);
     does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit a report containing this action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This action is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
    Under section 307(b)(1) of the Clean Air Act, petitions for 
judicial review of this action must be filed in the United States Court 
of Appeals for the appropriate circuit by August 8, 2014. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action for the purposes of 
judicial review nor does it extend the time within which a petition for 
judicial review may be filed, and shall not postpone the effectiveness 
of such rule or action. This action may not be challenged later in 
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Nitrogen dioxide, Ozone, Volatile organic compounds.

    Dated: November 12, 2013.
H. Curtis Spalding,
Regional Administrator, EPA New England.

    Editorial note: This document was received for publication by 
the Office of the Federal Register on June 3, 2014.

    Part 52 of chapter I, title 40 of the Code of Federal Regulations 
is amended as follows:

[[Page 32875]]

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart H--Connecticut

0
2. Section 52.370 is amended by adding paragraph (c)(102) to read as 
follows:

Sec.  52.370  Identification of plan.

* * * * *
    (c) * * *
    (102) Revisions to the State Implementation Plan submitted by the 
Connecticut Department of Environmental Protection on November 18, 
2008, April 29, 2010, and November 21, 2012.
    (i) Incorporation by reference.
    (A) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on May 18, 2010, 
effective April 6, 2010:
    (1) The amendment of subdivision (f)(9);
    (2) The withdrawal of subsection (g);
    (3) The amendment of subdivisions (l)(1) and (l)(2);
    (4) The amendment of subsections (p) Metal furniture coatings, (q) 
Paper, film, and foil coating;
    (5) The amendment of subparagraph (s)(2)(B);
    (6) The amendment of subsection (ee) Reasonably available control 
technology for large sources;
    (7) The addition of subsection (ff) Flexible package printing, with 
the exception of the phrases ``or other method approved by the 
commissioner'' in subparagraph (ff)(1)(K) and ``or alternative method 
as approved by the commissioner'' in clause (ff)(5)(B)(vi);
    (8) The addition of subsection (gg) Offset lithographic printing 
and letterpress printing, with the exception of the phrases ``or other 
method approved by the commissioner'' in subparagraph (gg)(1)(O) and 
``or alternative method as approved by the commissioner'' in clause 
(gg)(7)(B)(vi);
    (9) The addition of subsection (hh) Large appliance coatings, with 
the exception of the phrases ``or other method approved by the 
commissioner'' in subparagraph (hh)(1)(CC) and ``or alternative method 
as approved by the commissioner'' in clause (hh)(7)(B)(vi);
    (10) The addition of (ii) Industrial solvent cleaning, with the 
exception of the phrases ``or other method approved by the 
commissioner'' in subparagraph (ii)(1)(I) and ``or alternative method 
as approved by the commissioner'' in clause (ii)(6)(B)(vi); and
    (11) The addition of (jj) Spray application equipment cleaning, 
with the exception of the phrase ``or other method approved by the 
commissioner'' in subparagraph (jj)(1)(H), the exception of 
subparagraph (jj)(3)(D), and the exception of the phrase ``or 
alternative method as approved by the commissioner'' in clause 
(JJ)(6)(B)(vii).
    (B) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-20, as published in the Connecticut Law Journal on December 4, 
2012, effective October 31, 2012:
    (1) The amendment of subsection(s) Miscellaneous metal parts and 
products;
    (2) The amendment of subdivisions (aa)(1), (cc)(2), and (cc)(3);
    (3) The amendment of subparagraph (ii)(3)(A); and
    (4) The addition of subdivision (kk) Pleasure craft coatings.
    (C) Regulations of Connecticut State Agencies (RCSA) Section 22a-
174-40 entitled ``Consumer Products,'' with the exception of 
subdivisions (4) through (7) in subsection (c) and the exception of 
subparagraphs (C) and (D) in subdivision (f)(2), effective July 26, 
2007.
    (D) Regulations of Connecticut State Agencies (RCSA) section 22a-
174-44, entitled ``Adhesives and Sealants,'' effective October 3, 2008.

0
3. Section 52.375 is amended by adding paragraph (g) to read as 
follows:

Sec.  52.375  Certification of no sources.

* * * * *
    (g) In its April 29, 2010 submittal to EPA pertaining to reasonably 
available control technology requirements for the 1997 8-hour ozone 
standard, the State of Connecticut certified to the satisfaction of EPA 
that no sources are located in the state that are covered by the 
following Control Technique Guidelines:
    (1) Flat wood paneling coating;
    (2) Fiberglass boat manufacturing; and
    (3) Automobile and light duty truck assembly coating.

0
4. In Sec.  52.385, Table 52.385 is amended by:
0
a. Adding two new entries for existing state citation ``22-174-20'' in 
order of ``Date adopted by State''; and
0
b. Adding two new state citations ``22a-174-40'' and ``22a-174-44'' in 
order of ``Connecticut State citation''.
    The added text reads as follows:

Sec.  52.385  EPA-approved Connecticut regulations.

* * * * *

[[Page 32876]]

                                                         Table 52.385--EPA-Approved Regulations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                  Dates
    Connecticut State                               --------------------------------     Federal Register
         citation                Title/subject        Date adopted    Date approved          citation          Section 52.370     Comments/description
                                                        by State         by EPA
--------------------------------------------------------------------------------------------------------------------------------------------------------
 
                                                                      * * * * * * *
22a-174-20...............  Control of organic
                            compound emissions.
 
                                                                      * * * * * * *
                                                           04/06/10          6/9/14  [Insert Federal Register        (c)(102)  Amendment of subdivision
                                                                                      page number where the                     (f)(9), withdrawal of
                                                                                      document begins].                         subsection (g),
                                                                                                                                amendment of
                                                                                                                                subdivisions (l)(1) and
                                                                                                                                (l)(2), amendment of
                                                                                                                                subsections (p) Metal
                                                                                                                                furniture coatings, (q)
                                                                                                                                Paper, film, and foil
                                                                                                                                coating, amendment of
                                                                                                                                subparagraph (s)(2)(B),
                                                                                                                                amendment of subsection
                                                                                                                                (ee) Reasonably
                                                                                                                                available control
                                                                                                                                technology for large
                                                                                                                                sources, addition of
                                                                                                                                subsection (ff) Flexible
                                                                                                                                package printing, with
                                                                                                                                the exception of the
                                                                                                                                phrases ``or other
                                                                                                                                method approved by the
                                                                                                                                commissioner'' in
                                                                                                                                subparagraph (ff)(1)(K)
                                                                                                                                and ``or alternative
                                                                                                                                method as approved by
                                                                                                                                the commissioner'' in
                                                                                                                                clause (ff)(5)(B)(vi),
                                                                                                                                addition of subsection
                                                                                                                                (gg) Offset lithographic
                                                                                                                                printing and letterpress
                                                                                                                                printing, with the
                                                                                                                                exception of the phrases
                                                                                                                                ``or other method
                                                                                                                                approved by the
                                                                                                                                commissioner'' in
                                                                                                                                subparagraph (gg)(1)(O)
                                                                                                                                and ``or alternative
                                                                                                                                method as approved by
                                                                                                                                the commissioner'' in
                                                                                                                                clause (gg)(7)(B)(vi),
                                                                                                                                addition of subsection
                                                                                                                                (hh) Large appliance
                                                                                                                                coatings, with the
                                                                                                                                exception of the phrases
                                                                                                                                ``or other method
                                                                                                                                approved by the
                                                                                                                                commissioner'' in
                                                                                                                                subparagraph (hh)(1)(CC)
                                                                                                                                and ``or alternative
                                                                                                                                method as approved by
                                                                                                                                the commissioner'' in
                                                                                                                                clause (hh)(7)(B)(vi),
                                                                                                                                addition of (ii)
                                                                                                                                Industrial solvent
                                                                                                                                cleaning, with the
                                                                                                                                exception of the phrases
                                                                                                                                ``or other method
                                                                                                                                approved by the
                                                                                                                                commissioner'' in
                                                                                                                                subparagraph (ii)(1)(I)
                                                                                                                                and ``or alternative
                                                                                                                                method as approved by
                                                                                                                                the commissioner'' in
                                                                                                                                clause (ii)(6)(B)(vi)
                                                                                                                                and addition of (jj)
                                                                                                                                Spray application
                                                                                                                                equipment cleaning, with
                                                                                                                                the exception of the
                                                                                                                                phrases ``or other
                                                                                                                                method approved by the
                                                                                                                                commissioner'' in
                                                                                                                                subparagraph (jj)(1)(H),
                                                                                                                                with the exception of
                                                                                                                                subparagraph (jj)(3)(D),
                                                                                                                                and with the exception
                                                                                                                                of the phrase ``or
                                                                                                                                alternative method as
                                                                                                                                approved by the
                                                                                                                                commissioner'' in clause
                                                                                                                                (JJ)(6)(B)(vii).
22a-174-20...............  Control of organic              10/31/12          6/9/14  [Insert Federal Register        (c)(103)  Amendment of subsection
                            compound emissions.                                       page number where the                     (s) Miscellaneous metal
                                                                                      document begins].                         parts and products,
                                                                                                                                amendment of
                                                                                                                                subdivisions (aa)(1),
                                                                                                                                (cc)(2), and (cc)(3),
                                                                                                                                amendment of
                                                                                                                                subparagraph (ii)(3)(A);
                                                                                                                                and addition of
                                                                                                                                subdivision (kk)
                                                                                                                                Pleasure craft coatings.
 
                                                                      * * * * * * *
22a-174-40...............  Consumer Products.......         7/26/07          6/9/14  [Insert Federal Register        (c)(103)  All of Section 22a-174-40
                                                                                      page number where the                     is approved, with the
                                                                                      document begins].                         exception of
                                                                                                                                subdivisions (4) through
                                                                                                                                (7) in subsection (c)
                                                                                                                                and subparagraphs (C)
                                                                                                                                and (D) in subdivision
                                                                                                                                (f)(2), which CT
                                                                                                                                withdrew from its SIP
                                                                                                                                submittal.
 
                                                                      * * * * * * *
22a-174-44...............  Adhesives and Sealants..        10/03/08          6/9/14  [Insert Federal Register        (c)(103)  .........................
                                                                                      page number where the
                                                                                      document begins].
 
                                                                      * * * * * * *
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[FR Doc. 2014-13220 Filed 6-6-14; 8:45 am]
BILLING CODE 6560-50-P
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